Supreme Court had that filing false complaints caused mental cruelty and thereby gives opportunity to seek divorce on the ground of Cruelty.
Raj Talreja Vs Kavita Talreja on 24 April 2017
“11. Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and
colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act, 1955 (for short “the Act”). However, if it is
found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty.”
Citations: [2017 SCC ONLINE SC 462], [MANU/SC/0493/2017], [2017 AIR SC 2138], [2017 ALR 123 835], [2017 ALD 4 189], [2017 CHN SC 3 77], [2017 CTC 4 208], [2017 CLT 124 401], [2017 DMCSC 2 317], [2017 JLJ 3 367], [2017 JLJR 2 470], [2017 MLJ 4 190], [2017 PLJR 2 475], [2017 RCR CIVIL 2 1044], [2017 SCALE 5 413], [2017 SCJ 5 418]
Other Source links: https://indiankanoon.org/doc/139144445/ and https://www.casemine.com/judgement/in/58fe28e753bee70a8573e00c
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